Spain’s Supreme Court strikes down the national short-term rental registry: what landlords must do now
Spain’s Supreme Court has annulled the national single registry for short-term rentals, introduced by Royal Decree 1312/2024, after finding that the central government overstepped its powers by creating a state-level registry that overlapped with regional tourist accommodation registers.
The ruling does not mean that tourist rentals are now deregulated. What disappears is the obligation to obtain a national registration number through the state registry in order to advertise a short-term rental on platforms such as Airbnb, Booking or similar portals. Regional, municipal, tax and homeowners’ association rules still apply.
What changes for landlords
Until now, owners who wanted to market a short-term rental online were expected to obtain a state registration number through the national system. That number was intended to be mandatory for listing a property on digital platforms.
Following the Supreme Court ruling, that state-level requirement is no longer valid in the terms established by the Royal Decree. In practice, landlords should not have to rely on the annulled national registry as the gateway to advertise their properties.
However, this does not amount to a free pass. The legal framework now returns mainly to the level of Spain’s autonomous regions and municipalities, which remain responsible for regulating tourist accommodation, local planning restrictions, licences, declarations of responsibility and sanctions.
What landlords should do from now on
The first step is to check the rules in the autonomous region where the property is located. Each region has its own system for tourist rentals. Some require a licence, others a declaration of responsibility, registration in a regional tourism register, technical requirements, guest-reporting duties or limits in saturated areas.
The second step is to check the local council rules. City halls may impose urban planning restrictions, zoning rules, moratoriums, caps on tourist accommodation or specific conditions depending on the neighbourhood or type of building.
The third step is to review the homeowners’ association rules. If the property is in a residential building, the owner must check the community statutes and any agreements adopted by the residents. In many cases, communities of owners may restrict, condition or prohibit tourist use if the required legal majority has approved it.
The fourth step is to make sure the property has the proper regional or local authorisation. If a tourist licence, declaration of responsibility or regional registration is required, the owner must obtain or maintain it. The Supreme Court ruling does not cancel those obligations.
The fifth step is to keep platform listings accurate and compliant. Although the national registry has been struck down, platforms are still subject to data-sharing and transparency obligations through the Digital One-Stop Shop system. Owners should make sure that addresses, ownership details, licence numbers where applicable and property information are correct.
What landlords should not do
Landlords should not assume that the ruling allows them to list any property freely. Renting without the required regional licence, in breach of municipal planning rules, or against a valid homeowners’ association restriction may still lead to penalties, delisting or legal action.
Nor should owners ignore tax obligations. Income from short-term rentals must still be declared, and owners may also have to comply with guest-registration, consumer protection, insurance, safety and habitability requirements depending on the applicable regional rules.
What about owners who were rejected by the national registry?
Owners whose applications were rejected under the state registry should review their position. The annulment may reopen the door for some properties, but only if they comply with the rules that remain in force: regional tourism regulations, local planning rules and homeowners’ association requirements.
In other words, the disappearance of the national registration barrier does not automatically legalise a property. It simply means the decisive question is once again whether the rental is lawful under the relevant regional and local framework.
The new landscape
The ruling shifts the focus away from a centralised national registry and back toward Spain’s decentralised housing and tourism system. For landlords, the key message is clear: the national registry may be gone, but compliance is still essential.
From now on, any owner renting or planning to rent a property on a short-term basis should carry out a four-part review: regional rules, municipal rules, homeowners’ association restrictions and platform listing requirements.
In short: Spain’s Supreme Court has struck down the state registry, not the regulation of tourist rentals. Landlords still need to operate legally, but the main compliance test now depends on where the property is located.